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Reasons
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(영문) 제주지방법원 2012.12.27 2012고단1418
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On September 25, 2012, the Defendant driven the said car under the influence of 0.109% of alcohol concentration without obtaining a driver’s license for a motor vehicle, and led the Defendant to drive the said motor vehicle at a speed of about 40 km from the west through the same parallel parallel parallel parallel to the same parallel parallel parallel parallel parallel.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by checking the front door well.

Nevertheless, under the influence of alcohol, the Defendant found the victim C (the age of 47) who was crossing the above officetel on the road adjacent to the passenger officetel due to negligence in his/her negligence and found it late, and caused the victim to go beyond the ground by receiving the victim's bucks in front of the said car.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the internal side rupture, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time specified in paragraph (1) of this Article, the Defendant driven a hived vehicle as described in paragraph (1) in the state of alcohol with a blood alcohol concentration of 0.109%, without obtaining a driver’s license, from the front door of the compactopopopopon to the 30m section of the instant officetel from the front door of the instant officetel.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on proper launch of, and reports on, a driver's license;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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